This is probably the first question that may arise in your mind if you are looking to get protection for your analysis and development (invention). so let's see the way to patent a plant in India

 

• The invention should be Patentable subject matter
• It should be Novel
• It should be Non-obvious (inventive-step)
• The invention should have an Industrial application
• And it should be enabling

Let’s discuss all 5 criteria’s one by one

 

The invention should be patentable subject matter:

 

The patent act in India has specified certain subject matters are not eligible for getting a patent in India. Some of these areas are;

 

• Inventions related to atomic energy
• abstract ideas
• laws of nature or anything contrary to well established natural laws
• physical phenomenon
• discovery of any living thing or nonliving substance
• method of agriculture or horticulture
• a new form of know substances
• method of playing games
• any aesthetic creations
• anything that causes serious harm to human
• animal, plant life

etc, are not the patentable subject matter in accordance with section 3 and section 4 as per the Indian patent act. (link to Indian patent act)

 

Novelty means the informationledge|the data} you have written in the specification of your application (subject matter) isn't revealed or know to or available to the public in India or elsewhere before the date of filing of the patent.

 

An inventive step: a subject matter in a patent application having inventive step means, the invention disclosed is not obvious to a person skilled in the art. particularly with reference to the prior art or the informationledge|the data} already know or available to the public. In different words, the invention should not be obvious to people who are from the same field of invention.

 

In other words, the inventive step means an aspect of the invention that involves a Technical advance or economic significance or both with respect to existing knowledge, thus making the invention non-obvious to a person skilled in the art.

 

Industrial application: as the name suggests, an invention to be patented should have a utility that is it is capable of being created and utilized in industry.

 

Enabling: This criterion suggests that the information disclosed in the proposed invention should be sufficient to reduce it in to practice. And this info must be included in the application for the invention.

 

The term enabling means: any person, who is ordinarily ball-hawking in the art, should be ready to scale back the invention into observe with the help of the information disclosed in the patent application.

 

to help you find out if your invention is patentable or not you'll be able to reach top patent attorneys and patent agents in India here.

 

 

Additional Resource​​​​

 

• What is a patent
• What could also be patented?
• What is patentable
• Utility patents
• Filing patent applications
• Filing for a patent
• Enforcing patent rights
• Law Regarding the Rights to Inventions Made by Employees
• Types of patents
• A patent should you obtain a searching overview
• Nature of patent and patent rights
• Patent document for your invention why and how
• How to protect your invention
• Patent law how do I secure a patent
• Plant patents overview
• Invention licensing versus manufacturing
• Elements of a design patent application
• Patent owner rights and laws and patent approved and infringement details and cases
• Patent infringement and litigation
• Is your invention patentable?
• The basics of patent drawings
• How to profit from your patent
• What Are Design Patents and When Are They Useful?
• Patent infringement and litigation
• Patent requirements useful novel and nonobvious
• Inventions made by employees legal rights
• Rules for combination invention patents
• Patent terms
• Provisional patent application
• Document your invention
• Patents make sure your idea is a useful novel and nonobvious
• 10 tips for inventors
• How to Apply for a Plant Patent
• India: Patents Law In India - Everything You Must Know